Knives Out: Lawsuit Claims Stores Illegally Selling "Switchblades"

By Robert Wilonsky Thu., Jan. 8 2009 at 11:26 AM

Categories: Crime

If you're a "tactical knife enthusiast," then you'll take particular interest in a federal class-action lawsuit filed yesterday against Wal-Mart, Cabela's, Academy Sports & Outdoors, Dicks Sporting Goods and others retailers. Four folks, including one from Mesquite, are represented by Dallas attorney Allen Stewart, and in court documents they claim that the sporting goods stores are knowingly and illegally selling Kershaw's so-called "SpeedSafe® Knives," which "incorporat[e] torsion bar technology for assisted opening." In other words, they claim, they're "switchblade knives," the sale of which is prohibited by state law.

Says the suit, "Texas residents have been arrested, indicted and convicted for possessing" the knives -- and that the retailers know this but continue to sell them anyway. Which is why the plaintiffs want their money back for buying the knives and an injunction preventing any further sale in Texas. And, no, the suit doesn't say why the plaintiffs purchased the knives (in some cases, several) in the first place; I will update when Stewart returns a call placed to his office this morning. Incidentally, on its Web site, Kershaw insists the knives are not switchblades, because "unlike a switchblade, SpeedSafe blades DO NOT deploy with the push of a button in the handle or by gravity alone." --Robert Wilonsky

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How were these KIDS using the knife? if your a jerk, a cop will have a heyday with you! If there going through your pocket because they just found you with pot, don't get pissed n get knives taken away for everyone else who is responsible! If the cops are now targeting people for knives they find offensive, what next our guns? Switch blade-a knife that opens by a switch or gravity! Kershaw speed safe? You have to put your finger on the blade.
First of all there is a big difference in between a switch blade and a assisted blade. A switch blade opens by pushing a button or flipping a switch. A assisted blade you have to open a third of the way then it opens. So they were not selling switch blades.
i am a native texan and i agree mot with Mike Abram's statement listed above. He says (in simpler words), "switch blades are no more dangerous to society than blades that you open with two hands or just slowly." I agree with this 104%. Slow opening blades have no disadvantage to hurting citezens over fast opening blades. Get a grip.
i have a assited opening knife because i have severe problams with my knuckles. it is very hard for me to open a standard knife(I miss my old barlow)why is this suddenly a issue? another knee jerk reaction by the media
Like some stupid law is going to get in the way of people (like me) who want these knives. Atkins, Zubate, Craddock, and McLean are a bunch of busybodies that should stop watching West Side Story. Anyway I have a Spyderfly on the way. FU busybodies!
Just a sad state of events. It's really a shame.
Gangs... Mow they shove ak-47 and other assault weapons right in your face along with C4 explosive and grenades... Good thing they don't have a knife to pick their teeth after a good meal meal from the money that came from your wallet.... Fucking law makers.
Auto-openers have been around for some time now. Everybody and his brother carries one. I hope this (and similar efforts, see the comments) doesn't come to anything. I'm a Texas native but I'm going to school in AZ. Genuine switchblades are legal to own and carry, and, strangely enough, the world does not implode as a result. Hmm...
SSSHHHHeezzz It does not matter if a knife opens fast or slow.If people are going to use them for hurting each other then they will.Im surprised there not getting rid of all automatic weapons too.
1st knives, next guns... And we ALL know that regardless the laws, there will always be knives and guns and nothing will be done to effectively stop gang violence and those that use guns and knives illegally...
Tim Covington wrote, "I would bet that most retailers, with the statement from Kershaw, do not realize that under Texas law this particular model of knife is considered a switchblade. However, from my reading of the law and the knife's description, that is the case." Try again Tim. You are incorrect. TEXAS PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS Sec. 46.01. DEFINITIONS. In this chapter: (11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that: (A) opens automatically by pressure applied to a button or other device located on the handle; or (B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. The Kershaw knives do not fit the definition.
What we SHOULD do is lobby the Texas Legislature to remove this idiotic prohibition of assisted AND "switchblade" (auto-opening) knives as a rediculous law which has absolutely no legitimate reason to exist. As was mentioned before this was emotional legislation based on Hollywood hysteria. This is great opportunity to do away with a stupid law. Auto-knives are simply handy. They're no more deadly than any locking or fixed knife, especially in the hands of someone who's PLANNING to stab someone. They might be more useful to a victim who's being attacked suddenly and needs to open it quickly while fighting off someone with the other arm. They're also carried by firefighters and EMTs and anyone else exempted from the restriction who may need a cutting tool to be quickly accessible with one hand, so they're hardly a "criminal's knife".
You best contact your Texas Legislator and ask that they protect the possession of knives that open one-handed using a thumb stud or thumb hole. A 2007 decision by the San Antonio Court of appeals has ruled these to be gravity knives and illegal under Texas law. Unless the Legislature defibnes these knives to be an exception to the illegal knife definition, we may lose the right to carry them. See www.atki.com
For starters, the whole spring loaded knife thing is preposterous from the very beginning. We study it today as the textbook case of a "moral panic" stoked by Hollywood (West Side Story, for crying out loud!) which capitalized on fears of baby boomer juvenile delinquency. Everyone take a deep breath, and repeat slowly after me: "There is nothing wrong with possessing arms at the ready. (Honestly! There isn't!) There is nothing wrong with having a fixed knife, a knife that opens quickly, or a knife that opens slowly." Good grief.
The irony of it all is that the switchblade laws were enacted with the promise that gang violence would be a thing of the past... How'd that work out, y'all?
i LIKE MY NEW FROG STICKER,especially since it came from Iraq and was given to me as a souvenier. It's so sharp & handles so well, it will remove testicles from a gnat.
Oh snap! Tim carries a knife. Wilonsky, you better be nice to AA from now on. Speaking of which, has anyone read the book "Dear American Airlines?" I am thinking of buying it with my Christmas gift cards...
El Rey, like you, I am a carrier of an easy opening folding knife. However, unlike most folding knives, these open with mechanical assistance. I would bet that most retailers, with the statement from Kershaw, do not realize that under Texas law this particular model of knife is considered a switchblade. However, from my reading of the law and the knife's description, that is the case. I am hoping the lawsuit can be settled for a refund from the retailers and an agreement not to sell this particular model of knife in Texas.
The vilification of the utility knife is a sad development. I like to carry a utility knife, only to be given funny looks and often forced to abandon it. Silly.
And how about those little switch-blade car key thingies? Those seem pretty dangerous to me. I understand airport luggage screeners routinely take them away from passengers.
Another lawyer tries to hit it big bucks in the class action lawsuit lottery, I hope he loses.
As a guy who almost always has a knife with him (and knows how to use it), I was waiting for this to happen. The easy open folding knives attract attention when a guy can just flick his wrist and have a knife at the ready. Before anyone starts jumping on the bandwagon, the most dangerous thing about using a folding knife is actually opening and closing it. Opening a knife with two hands, which is what you had to do with your dads Oldtimer or Buck knife is damn near impossible and time consuming if you need it in an emergency. The evolution of the 'easy-open' folder, is just the logical evolution of the tool called a knife. Climbers, public safety workers, and divers know how valuable a good knife is. Just because you do not use it everyday does not mean other people should not carry them.